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Ord. 1476 2013-03-25ORDINANCE NO. 1476 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, FINDING THAT THE CITY HAS ESTABLISHED GUIDELINES AND CRITERIA FOR GRANTING TAX ABATEMENT PURSUANT TO RESOLUTION NO. R2013-14; DESIGNATING AND DESCRIBING A REINVESTMENT ZONE (TO BE KNOWN AS REINVESTMENT ZONE #24), IN ACCORDANCE WITH THE PROPERTY REDEVELOPMENT AND TAX ABATEMENT ACT; FINDING THAT THE IMPROVEMENTS SOUGHT ARE FEASIBLE AND PRACTICAL AND WOULD BE A BENEFIT TO THE LAND TO BE INCLUDED IN THE ZONE AND THE MUNICIPALITY AFTER THE EXPIRATION OF THE TAX ABATEMENT AGREEMENT; AUTHORIZING THE CITY MANAGER TO SIGN TAX ABATEMENT AGREEMENTS WHEN APPROVED BY THE CITY COUNCIL; HAVING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; AND AN EFFECTIVE DATE. WHEREAS, Chapter 312 of the Texas Tax Code (the "Property Redevelopment and Tax Abatement Act") provides for the designation of a Reinvestment Zone or area; and WHEREAS, the City Council has, pursuant to Resolution No. R2013-14, established Guidelines and Criteria for Granting Tax Abatement; and WHEREAS, a certain area of the City of Pearland meets the criteria and guidelines heretofore established by the City Council required for designation as a Reinvestment Zone; and WHEREAS, the City Council, on March 11, 2013 held a public hearing on the designation of a Reinvestment Zone and finds that the improvements sought are feasible and practical and would be a benefit to the land to be included in the zone and to the municipality after the expiration of an agreement under the Property Redevelopment and Tax Abatement Act; now, therefore, ORDINANCE NO. 1476 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That pursuant to the Property Redevelopment and Tax Abatement Act, the City Council of the City of Pearland, Texas, hereby designates as a Reinvestment Zone the area described in Exhibit "A" attached hereto and made a part hereof for all purposes, to be known as Reinvestment Zone #24. Section 2. That the area described in Exhibit "A" is reasonably likely, as a result of this designation, to contribute to the retention or expansion of primary employment, or to attract major investment into the zone that would be a benefit to the property and that would contribute to the economic development of the City, and that the improvements sought are feasible and practical and would be a benefit to the land to be included into the zone and to the municipality after the expiration of a Tax Abatement Agreement as authorized by the Property Redevelopment and Tax Abatement Act. Section 3. That the designation of the Reinvestment Zone herein expires five (5) years from the effective date of this ordinance and may be renewed by a subsequent ordinance of the City Council for a period not to exceed an additional five (5) years. That expiration of the original designation shall not affect an agreement entered into under the provisions of this ordinance. Section 4. That the City Council hereby authorizes agreements in writing with the owner of any taxable real estate located within the designated Reinvestment Zone, subject to the requirements and optional provisions of the Property Redevelopment and Tax 2 ORDINANCE NO. 1476 Abatement Act and the conditions of the Guidelines and Criteria for Granting Tax Abatement heretofore adopted by the City Council. Section 5. That any agreement to be entered into under the provisions of this ordinance must be approved by the affirmative vote of a majority of the members of the City Council at a regularly scheduled meeting of the City Council. On approval by the City Council, the agreement may be executed by the City Manager. Section 6. Savings. All rights and remedies which have accrued in favor of the City under this Ordinance shall be and are preserved for the benefit of the City. Section 7. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid, unconstitutional or otherwise unenforceable by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section 8. Effective Date. This Ordinance shall become effective upon passage and approval of its second reading. PASSED and APPROVED ON FIRST READING this the 11th day of March, A.D., 2013. c -P TOM REID MAYOR 3 ORDINANCE NO. 1476 ATTEST: APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY PASSED and APPROVED ON SECOND AND FINAL READING this the 25th day of March, A. D., 2013. TOM REID MAYOR ATTEST: APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY EXHIBIT "A" Ordinance No. 1476 Exhibit A: The property consists of three parcels. It is located west of Kirby Dr. and east of Hooper Rd. Harris County Appraisal District parcel numbers; HCAD Account Number: 0451800000176- Legal Description: TRS 43 1/2B 44 1/2D53 & 54, ABST 876 D, WHILE HCAD Account Number: 0451800000178- Legal Description: TRS 43 43 1 /2C 44 &44 1 /2C, ALLISON RICHEY GULF HOMES SEC F ABST 876D WHITE HCAD Account Number: 0451800000160- Legal Description: TRS 43 A, GULF HOMES SEC F ABST 876D WHIl'L GIS Mapping Interface - Pearland,Texas lIII 11111 0 Query/info Selection Draw zit Lat/Long System Layers "P' j Queries Geocoding Markup idE3 Manager da Polygons °Area: 31.55, Perimeter: 27.12 a PolyLines Q Length: 611.70 Q Length: 484.82 Q Length: 635.93 QQP Length: 659.75 9R..a Length: 1239.61 Q Length: 1112.55 QP QLength: 25.70 QP Points y / Text EA Callouts Lat/ Long Overview Map http://gisweb2.ci.pearland.tx.us/mox6/internal.cfm[3/4/2013 11:15:58 AM] 111111111111119,151 Inimtonnmmm I given the 11tt►;day of 2013, at 6:30 Pte, the City Council of the City of Pearland, Brazes*, Fort Bend, and Harris Countlea, Texas, will conduct a Public Hearing in the .Council Chambers, City3.11) Liberty Drive, Hall, Paadon, liwa,10 ani-" uider the ~Joh a a tone in aaamkusaeasltSWIM $$22Gf afttra 71x Code end City Df P a land's Suldelines.tastan Taxing A{xit At said hearing e1p>r- tasted parties shay the right and oppoiy to appear and be heard on the subject. Yount? IA f g, TRIC City Secretary This site is accessible to disabled indivk u ls. For special assistance, please call yam Wog at 211, pry to the meeting so that appropriate arrangements can be mads. AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 Park Avenue Pearland, Texas 77581 State of Texas Brazoria and Harris Counties I, Lloyd Morrow, hereby certify that the notice hereby appended was published in THE REPORTER NEWS, a newspaper of general circulation in Bra'zoria, Harris and Galveston Counties, for / issues, as follows: 'No. / Date 2- 2/ 20 /3 No Date 20 No Date 20 No Date 20 No. Date 20 11211/erra,i CFO Subscribe and sworn to before me this day of /21 20 �3 LAURA ANN EMMONS NOTARY PUBLIC STATE OF TEXAS My Commission Expires 09-09.2014 4001#41.(... eir► Laura Ann Emmons, Publisher Notary Public, State of Texas